No. 31

State of Michigan

JOURNAL

OF THE

House of Representatives

95th Legislature

REGULAR SESSION OF 2010

House Chamber, Lansing, Thursday, March 25, 2010.

12:00 Noon.

The House was called to order by the Speaker Pro Tempore.

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

Agema—present Durhal—present Kurtz—present Polidori—present

Amash—present Ebli—present Lahti—present Proos—present

Angerer—present Elsenheimer—present LeBlanc—present Roberts—present

Ball—present Espinoza—present Leland—present Rocca—present

Barnett—present Geiss—present Lemmons—present Rogers—present

Bauer—present Genetski—present Lindberg—present Schmidt, R.—present

Bennett—present Gonzales—present Lipton—present Schmidt, W.—present

Bledsoe—present Green—present Liss—present Schuitmaker—present

Bolger—present Gregory—present Lori—present Scott, B.—present

Booher—present Griffin—present Lund—present Scott, P.—present

Brown, L.—present Haase—present Marleau—present Scripps—present

Brown, T.—present Haines—present Mayes—present Segal—present

Byrnes—present Hammel—present McDowell—present Sheltrown—present

Byrum—present Hansen—present McMillin—present Slavens—present

Calley—present Haugh—present Meadows—present Slezak—present

Caul—present Haveman—present Meekhof—present Smith—present

Clemente—present Hildenbrand—present Melton—present Spade—present

Constan—present Horn—present Meltzer—present Stamas—present

Corriveau—present Huckleberry—present Miller—present Stanley—present

Coulouris—present Jackson—present Moore—present Switalski—present

Crawford—present Johnson—present Moss—present Tlaib—present

Cushingberry—present Jones, Rick—present Nathan—present Tyler—present

Daley—present Jones, Robert—present Nerat—present Valentine—present

Dean—present Kandrevas—present Neumann—present Walsh—present

Denby—present Kennedy—present Opsommer—present Warren—present

DeShazor—present Knollenberg—present Pavlov—present Womack—present

Dillon—present Kowall—present Pearce—present Young—present

Donigan—present

e/d/s = entered during session

Rep. John Proos, from the 79th District, offered the following invocation:

“Heavenly Father -

We stand before You thankful for the many blessings that You have bestowed on our nation, our state, our families and indeed the many blessings that You have given to each of us in this Chamber.

Father, we implore Your charity during this season of Lent, as we strive to cleanse ourselves of the sins that separate us from Your loving and forgiving spirit. As we prepare for the arrival of Your risen Son this Easter, we ask that You fill us with Your divine strength that we may carry out Your will. As St. Paul stated in his letter to the Romans, 8:31-32, “If God is for us, who is against us? He who did not spare his own Son but gave Him up for us all, will He not also give us all things with Him?” (Rom 8:31-32, RSV).

Gracious God, we praise and thank You for standing at our side and ask that You bless us with Your Holy Spirit so that we may do Your will now and forever more.

In Your Holy Name we pray,

Amen.”

______

The Speaker Pro Tempore called Associate Speaker Pro Tempore Haase to the Chair.

Second Reading of Bills

House Bill No. 4516, entitled

A bill to amend 2005 PA 210, entitled “Commercial rehabilitation act,” by amending section 3 (MCL 207.843).

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Oversight and Investigations,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Slezak moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Dean moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

______

Rep. Dean moved that Rep. Cushingberry be excused temporarily from today’s session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4516, entitled

A bill to amend 2005 PA 210, entitled “Commercial rehabilitation act,” by amending section 3 (MCL 207.843).

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 109 Yeas—108

Agema Durhal Kurtz Polidori

Amash Ebli Lahti Proos

Angerer Elsenheimer LeBlanc Roberts

Ball Espinoza Leland Rocca

Barnett Geiss Lemmons Rogers

Bauer Genetski Lindberg Schmidt, R.

Bennett Gonzales Lipton Schmidt, W.

Bledsoe Green Liss Schuitmaker

Bolger Gregory Lori Scott, B.

Booher Griffin Lund Scott, P.

Brown, L. Haase Marleau Scripps

Brown, T. Haines Mayes Segal

Byrnes Hammel McDowell Sheltrown

Byrum Hansen McMillin Slavens

Calley Haugh Meadows Slezak

Caul Haveman Meekhof Smith

Clemente Hildenbrand Melton Spade

Constan Horn Meltzer Stamas

Corriveau Huckleberry Miller Stanley

Coulouris Jackson Moore Switalski

Crawford Johnson Moss Tlaib

Daley Jones, Rick Nathan Tyler

Dean Jones, Robert Nerat Valentine

Denby Kandrevas Neumann Walsh

DeShazor Kennedy Opsommer Warren

Dillon Knollenberg Pavlov Womack

Donigan Kowall Pearce Young

Nays—0

In The Chair: Haase

The House agreed to the title of the bill.

Rep. Dean moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Second Reading of Bills

House Bill No. 4543, entitled

A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending section 10 (MCL 125.2690), as amended by 2008 PA 242.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Oversight and Investigations,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Huckleberry moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Dean moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4543, entitled

A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending section 10 (MCL 125.2690), as amended by 2008 PA 242.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 110 Yeas—107

Agema Durhal Lahti Proos

Amash Ebli LeBlanc Roberts

Angerer Elsenheimer Leland Rocca

Ball Espinoza Lemmons Rogers

Barnett Geiss Lindberg Schmidt, R.

Bauer Gonzales Lipton Schmidt, W.

Bennett Green Liss Schuitmaker

Bledsoe Gregory Lori Scott, B.

Bolger Griffin Lund Scott, P.

Booher Haase Marleau Scripps

Brown, L. Haines Mayes Segal

Brown, T. Hammel McDowell Sheltrown

Byrnes Hansen McMillin Slavens

Byrum Haugh Meadows Slezak

Calley Haveman Meekhof Smith

Caul Hildenbrand Melton Spade

Clemente Horn Meltzer Stamas

Constan Huckleberry Miller Stanley

Corriveau Jackson Moore Switalski

Coulouris Johnson Moss Tlaib

Crawford Jones, Rick Nathan Tyler

Daley Jones, Robert Nerat Valentine

Dean Kandrevas Neumann Walsh

Denby Kennedy Opsommer Warren

DeShazor Knollenberg Pavlov Womack

Dillon Kowall Pearce Young

Donigan Kurtz Polidori

Nays—1

Genetski

In The Chair: Haase

The House agreed to the title of the bill.

Rep. Dean moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Second Reading of Bills

House Bill No. 4544, entitled

A bill to amend 2000 PA 146, entitled “Obsolete property rehabilitation act,” by amending section 3 (MCL 125.2783).

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Oversight and Investigations,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Kennedy moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Dean moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4544, entitled

A bill to amend 2000 PA 146, entitled “Obsolete property rehabilitation act,” by amending section 3 (MCL 125.2783).

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 111 Yeas—108

Agema Durhal Kurtz Polidori

Amash Ebli Lahti Proos

Angerer Elsenheimer LeBlanc Roberts

Ball Espinoza Leland Rocca

Barnett Geiss Lemmons Rogers

Bauer Genetski Lindberg Schmidt, R.

Bennett Gonzales Lipton Schmidt, W.

Bledsoe Green Liss Schuitmaker

Bolger Gregory Lori Scott, B.

Booher Griffin Lund Scott, P.

Brown, L. Haase Marleau Scripps

Brown, T. Haines Mayes Segal

Byrnes Hammel McDowell Sheltrown

Byrum Hansen McMillin Slavens

Calley Haugh Meadows Slezak

Caul Haveman Meekhof Smith

Clemente Hildenbrand Melton Spade

Constan Horn Meltzer Stamas

Corriveau Huckleberry Miller Stanley

Coulouris Jackson Moore Switalski

Crawford Johnson Moss Tlaib

Daley Jones, Rick Nathan Tyler

Dean Jones, Robert Nerat Valentine

Denby Kandrevas Neumann Walsh

DeShazor Kennedy Opsommer Warren

Dillon Knollenberg Pavlov Womack

Donigan Kowall Pearce Young

Nays—0

In The Chair: Haase

The House agreed to the title of the bill.

Rep. Dean moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Second Reading of Bills

House Bill No. 4545, entitled

A bill to amend 1963 PA 62, entitled “Industrial development revenue bond act of 1963,” by amending section 3 (MCL 125.1253).

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Oversight and Investigations,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Smith moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Dean moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4545, entitled

A bill to amend 1963 PA 62, entitled “Industrial development revenue bond act of 1963,” by amending section 3 (MCL 125.1253).

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 112 Yeas—107

Agema Durhal Lahti Proos

Amash Ebli LeBlanc Roberts

Angerer Elsenheimer Leland Rocca

Ball Espinoza Lemmons Rogers

Barnett Geiss Lindberg Schmidt, R.

Bauer Gonzales Lipton Schmidt, W.

Bennett Green Liss Schuitmaker

Bledsoe Gregory Lori Scott, B.

Bolger Griffin Lund Scott, P.

Booher Haase Marleau Scripps

Brown, L. Haines Mayes Segal

Brown, T. Hammel McDowell Sheltrown

Byrnes Hansen McMillin Slavens

Byrum Haugh Meadows Slezak

Calley Haveman Meekhof Smith

Caul Hildenbrand Melton Spade

Clemente Horn Meltzer Stamas

Constan Huckleberry Miller Stanley

Corriveau Jackson Moore Switalski

Coulouris Johnson Moss Tlaib

Crawford Jones, Rick Nathan Tyler

Daley Jones, Robert Nerat Valentine

Dean Kandrevas Neumann Walsh

Denby Kennedy Opsommer Warren

DeShazor Knollenberg Pavlov Womack

Dillon Kowall Pearce Young

Donigan Kurtz Polidori

Nays—1

Genetski

In The Chair: Haase

The House agreed to the title of the bill.

Rep. Dean moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Second Reading of Bills

House Bill No. 4546, entitled

A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending section 9 (MCL 207.559), as amended by 2008 PA 516.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Oversight and Investigations,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Robert Jones moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Dean moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4546, entitled

A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending section 9 (MCL 207.559), as amended by 2008 PA 516.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 113 Yeas—107

Agema Durhal Lahti Proos

Amash Ebli LeBlanc Roberts

Angerer Elsenheimer Leland Rocca

Ball Espinoza Lemmons Rogers

Barnett Geiss Lindberg Schmidt, R.

Bauer Gonzales Lipton Schmidt, W.

Bennett Green Liss Schuitmaker

Bledsoe Gregory Lori Scott, B.

Bolger Griffin Lund Scott, P.

Booher Haase Marleau Scripps

Brown, L. Haines Mayes Segal

Brown, T. Hammel McDowell Sheltrown

Byrnes Hansen McMillin Slavens

Byrum Haugh Meadows Slezak

Calley Haveman Meekhof Smith

Caul Hildenbrand Melton Spade

Clemente Horn Meltzer Stamas

Constan Huckleberry Miller Stanley

Corriveau Jackson Moore Switalski

Coulouris Johnson Moss Tlaib

Crawford Jones, Rick Nathan Tyler

Daley Jones, Robert Nerat Valentine

Dean Kandrevas Neumann Walsh

Denby Kennedy Opsommer Warren

DeShazor Knollenberg Pavlov Womack

Dillon Kowall Pearce Young

Donigan Kurtz Polidori

Nays—1

Genetski

In The Chair: Haase

The House agreed to the title of the bill.

Rep. Dean moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Second Reading of Bills

House Bill No. 4548, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 435 (MCL 208.1435), as amended by 2008 PA 448.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Oversight and Investigations,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. McDowell moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Dean moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4548, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 435 (MCL 208.1435), as amended by 2008 PA 448.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 114 Yeas—107

Agema Durhal Lahti Proos

Amash Ebli LeBlanc Roberts

Angerer Elsenheimer Leland Rocca

Ball Espinoza Lemmons Rogers

Barnett Geiss Lindberg Schmidt, R.

Bauer Gonzales Lipton Schmidt, W.

Bennett Green Liss Schuitmaker

Bledsoe Gregory Lori Scott, B.

Bolger Griffin Lund Scott, P.

Booher Haase Marleau Scripps

Brown, L. Haines Mayes Segal

Brown, T. Hammel McDowell Sheltrown

Byrnes Hansen McMillin Slavens

Byrum Haugh Meadows Slezak

Calley Haveman Meekhof Smith

Caul Hildenbrand Melton Spade

Clemente Horn Meltzer Stamas

Constan Huckleberry Miller Stanley

Corriveau Jackson Moore Switalski

Coulouris Johnson Moss Tlaib

Crawford Jones, Rick Nathan Tyler

Daley Jones, Robert Nerat Valentine

Dean Kandrevas Neumann Walsh

Denby Kennedy Opsommer Warren

DeShazor Knollenberg Pavlov Womack

Dillon Kowall Pearce Young

Donigan Kurtz Polidori

Nays—1

Genetski

In The Chair: Haase

The question being on agreeing to the title of the bill,

Rep. Dean moved to amend the title to read as follows:

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 435 (MCL 208.1435), as amended by 2009 PA 192.

The motion prevailed.

The House agreed to the title as amended.

Rep. Dean moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Second Reading of Bills

House Bill No. 4550, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 437 (MCL 208.1437), as amended by 2008 PA 578.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Oversight and Investigations,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Leland moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Dean moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4550, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 437 (MCL 208.1437), as amended by 2008 PA 578.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 115 Yeas—108

Agema Donigan Kurtz Polidori

Amash Durhal Lahti Proos

Angerer Ebli LeBlanc Roberts

Ball Elsenheimer Leland Rocca

Barnett Espinoza Lemmons Rogers

Bauer Geiss Lindberg Schmidt, R.

Bennett Gonzales Lipton Schmidt, W.

Bledsoe Green Liss Schuitmaker

Bolger Gregory Lori Scott, B.

Booher Griffin Lund Scott, P.

Brown, L. Haase Marleau Scripps

Brown, T. Haines Mayes Segal

Byrnes Hammel McDowell Sheltrown

Byrum Hansen McMillin Slavens

Calley Haugh Meadows Slezak

Caul Haveman Meekhof Smith

Clemente Hildenbrand Melton Spade

Constan Horn Meltzer Stamas

Corriveau Huckleberry Miller Stanley

Coulouris Jackson Moore Switalski

Crawford Johnson Moss Tlaib

Cushingberry Jones, Rick Nathan Tyler

Daley Jones, Robert Nerat Valentine

Dean Kandrevas Neumann Walsh

Denby Kennedy Opsommer Warren

DeShazor Knollenberg Pavlov Womack

Dillon Kowall Pearce Young

Nays—1

Genetski

In The Chair: Haase

The question being on agreeing to the title of the bill,

Rep. Dean moved to amend the title to read as follows:

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 437 (MCL 208.1437), as amended by 2009 PA 241.

The motion prevailed.

The House agreed to the title as amended.

Rep. Dean moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Second Reading of Bills

House Bill No. 4551, entitled

A bill to amend 1987 PA 231, entitled “An act to create a transportation economic development fund in the state treasury; to prescribe the uses of and distributions from this fund; to create the office of economic development and to prescribe its powers and duties; to prescribe the powers and duties of the state transportation department, state transportation commission, and certain other bodies; and to permit the issuance of certain bonds,” by amending section 9 (MCL 247.909), as amended by 1993 PA 149.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Oversight and Investigations,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Gonzales moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Dean moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4551, entitled

A bill to amend 1987 PA 231, entitled “An act to create a transportation economic development fund in the state treasury; to prescribe the uses of and distributions from this fund; to create the office of economic development and to prescribe its powers and duties; to prescribe the powers and duties of the state transportation department, state transportation commission, and certain other bodies; and to permit the issuance of certain bonds,” by amending section 9 (MCL 247.909), as amended by 1993 PA 149.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 116 Yeas—108

Agema Donigan Kurtz Polidori

Amash Durhal Lahti Proos

Angerer Ebli LeBlanc Roberts

Ball Elsenheimer Leland Rocca

Barnett Espinoza Lemmons Rogers

Bauer Geiss Lindberg Schmidt, R.

Bennett Gonzales Lipton Schmidt, W.

Bledsoe Green Liss Schuitmaker

Bolger Gregory Lori Scott, B.

Booher Griffin Lund Scott, P.

Brown, L. Haase Marleau Scripps

Brown, T. Haines Mayes Segal

Byrnes Hammel McDowell Sheltrown

Byrum Hansen McMillin Slavens

Calley Haugh Meadows Slezak

Caul Haveman Meekhof Smith

Clemente Hildenbrand Melton Spade

Constan Horn Meltzer Stamas

Corriveau Huckleberry Miller Stanley

Coulouris Jackson Moore Switalski

Crawford Johnson Moss Tlaib

Cushingberry Jones, Rick Nathan Tyler

Daley Jones, Robert Nerat Valentine

Dean Kandrevas Neumann Walsh

Denby Kennedy Opsommer Warren

DeShazor Knollenberg Pavlov Womack

Dillon Kowall Pearce Young

Nays—1

Genetski

In The Chair: Haase

The House agreed to the title of the bill.

Rep. Dean moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Second Reading of Bills

House Bill No. 4552, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 11 (MCL 125.2011), as amended by 1987 PA 278.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Oversight and Investigations,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. McMillin moved to amend the bill as follows:

1. Amend page 2, line 24, after “The” by striking out “state administrative board” and inserting “AUDITOR GENERAL”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. McMillin moved to amend the bill as follows:

1. Amend page 5, following line 19, by inserting:

“(8) THE PHYSICAL OFFICES OF THE CHIEF COMPLIANCE OFFICER SHALL NOT RESIDE IN A BUILDING WHERE ANY OTHER FUND EMPLOYEE OFFICE RESIDES.”.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Miller moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Dean moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4552, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 11 (MCL 125.2011), as amended by 1987 PA 278.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 117 Yeas—108

Agema Donigan Kurtz Polidori

Amash Durhal Lahti Proos

Angerer Ebli LeBlanc Roberts

Ball Elsenheimer Leland Rocca

Barnett Espinoza Lemmons Rogers

Bauer Geiss Lindberg Schmidt, R.

Bennett Gonzales Lipton Schmidt, W.

Bledsoe Green Liss Schuitmaker

Bolger Gregory Lori Scott, B.

Booher Griffin Lund Scott, P.

Brown, L. Haase Marleau Scripps

Brown, T. Haines Mayes Segal

Byrnes Hammel McDowell Sheltrown

Byrum Hansen McMillin Slavens

Calley Haugh Meadows Slezak

Caul Haveman Meekhof Smith

Clemente Hildenbrand Melton Spade

Constan Horn Meltzer Stamas

Corriveau Huckleberry Miller Stanley

Coulouris Jackson Moore Switalski

Crawford Johnson Moss Tlaib

Cushingberry Jones, Rick Nathan Tyler

Daley Jones, Robert Nerat Valentine

Dean Kandrevas Neumann Walsh

Denby Kennedy Opsommer Warren

DeShazor Knollenberg Pavlov Womack

Dillon Kowall Pearce Young

Nays—1

Genetski

In The Chair: Haase

The question being on agreeing to the title of the bill,

Rep. Dean moved to amend the title to read as follows:

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending sections 11 and 88i (MCL 125.2011 and 125.2088i), section 11 as amended by 1987 PA 278 and section 88i as added by 2005 PA 225.

The motion prevailed.

The House agreed to the title as amended.

Rep. Dean moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

______

The Speaker Pro Tempore resumed the Chair.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 4610, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 72101, 72102, and 72110 (MCL 324.72101, 324.72102, and 324.72110), section 72101 as amended by 1997 PA 129 and sections 72102 and 72110 as added by 1995 PA 58, and by adding sections 72114 and 72115.

(The bill was received from the Senate on March 23, with substitute (S-4), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until March 24, see House Journal No. 29, p. 389.)

The question being on concurring in the substitute (S-4) made to the bill by the Senate,

The substitute (S-4) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 118 Yeas—107

Agema Durhal Kurtz Polidori

Amash Ebli Lahti Proos

Angerer Elsenheimer LeBlanc Roberts

Ball Espinoza Leland Rocca

Barnett Geiss Lemmons Rogers

Bennett Genetski Lindberg Schmidt, R.

Bledsoe Gonzales Lipton Schmidt, W.

Bolger Green Liss Schuitmaker

Booher Gregory Lori Scott, B.

Brown, L. Griffin Lund Scott, P.

Brown, T. Haase Marleau Scripps

Byrnes Haines Mayes Segal

Byrum Hammel McDowell Sheltrown

Calley Hansen McMillin Slavens

Caul Haugh Meadows Slezak

Clemente Haveman Meekhof Smith

Constan Hildenbrand Melton Spade

Corriveau Horn Meltzer Stamas

Coulouris Huckleberry Miller Stanley

Crawford Jackson Moore Switalski

Cushingberry Johnson Moss Tlaib

Daley Jones, Rick Nathan Tyler

Dean Jones, Robert Nerat Valentine

Denby Kandrevas Neumann Walsh

DeShazor Kennedy Opsommer Womack

Dillon Knollenberg Pavlov Young

Donigan Kowall Pearce

Nays—2

Bauer Warren

In The Chair: Byrnes

The House agreed to the title as amended.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

Second Reading of Bills

Senate Bill No. 578, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding sections 72114, 72115, and 72116.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tourism, Outdoor Recreation and Natural Resources,

The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

Rep. Moore moved to substitute (H-2) the bill.

The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Dean moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Dean moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 578, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding sections 72114, 72115, and 72116.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 119 Yeas—107

Agema Durhal Kurtz Polidori

Amash Ebli Lahti Proos

Angerer Elsenheimer LeBlanc Roberts

Ball Espinoza Leland Rocca

Barnett Geiss Lemmons Rogers

Bennett Genetski Lindberg Schmidt, R.

Bledsoe Gonzales Lipton Schmidt, W.

Bolger Green Liss Schuitmaker

Booher Gregory Lori Scott, B.

Brown, L. Griffin Lund Scott, P.

Brown, T. Haase Marleau Scripps

Byrnes Haines Mayes Segal

Byrum Hammel McDowell Sheltrown

Calley Hansen McMillin Slavens

Caul Haugh Meadows Slezak

Clemente Haveman Meekhof Smith

Constan Hildenbrand Melton Spade

Corriveau Horn Meltzer Stamas

Coulouris Huckleberry Miller Stanley

Crawford Jackson Moore Switalski

Cushingberry Johnson Moss Tlaib

Daley Jones, Rick Nathan Tyler

Dean Jones, Robert Nerat Valentine

Denby Kandrevas Neumann Walsh

DeShazor Kennedy Opsommer Womack

Dillon Knollenberg Pavlov Young

Donigan Kowall Pearce

Nays—2

Bauer Warren

In The Chair: Byrnes

The question being on agreeing to the title of the bill,

Rep. Dean moved to amend the title to read as follows:

A bill to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” (MCL 324.101 to 324.90106) by adding sections 72114 and 72115.

The motion prevailed.

The House agreed to the title as amended.

Rep. Dean moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Second Reading of Bills

House Bill No. 5363, entitled

A bill to amend 1990 PA 187, entitled “The pupil transportation act,” by amending sections 51 and 53 (MCL 257.1851 and 257.1853), as amended by 2006 PA 108.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Transportation (for amendment, see House Journal No. 108 of 2009, p. 2494),

The amendment was adopted, a majority of the members serving voting therefor.

Rep. Haines moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Dean moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5363, entitled

A bill to amend 1990 PA 187, entitled “The pupil transportation act,” by amending sections 51 and 53 (MCL 257.1851 and 257.1853), as amended by 2006 PA 108.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 120 Yeas—108

Agema Donigan Kowall Polidori

Amash Durhal Kurtz Proos

Angerer Ebli Lahti Roberts

Ball Elsenheimer LeBlanc Rocca

Barnett Espinoza Leland Rogers

Bauer Geiss Lemmons Schmidt, R.

Bennett Genetski Lindberg Schmidt, W.

Bledsoe Gonzales Lipton Schuitmaker

Bolger Green Liss Scott, B.

Booher Gregory Lori Scott, P.

Brown, L. Griffin Lund Scripps

Brown, T. Haase Marleau Segal

Byrnes Haines Mayes Sheltrown

Byrum Hammel McDowell Slavens

Calley Hansen McMillin Slezak

Caul Haugh Meadows Smith

Clemente Haveman Meekhof Spade

Constan Hildenbrand Melton Stamas

Corriveau Horn Meltzer Stanley

Coulouris Huckleberry Moore Switalski

Crawford Jackson Moss Tlaib

Cushingberry Johnson Nathan Tyler

Daley Jones, Rick Nerat Valentine

Dean Jones, Robert Neumann Walsh

Denby Kandrevas Opsommer Warren

DeShazor Kennedy Pavlov Womack

Dillon Knollenberg Pearce Young

Nays—1

Miller

In The Chair: Byrnes

The House agreed to the title of the bill.

Rep. Dean moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Rep. Miller, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

I respect the worthy intentions of this bill but am concerned that we are loosening standards for those who transport our most precious cargo.”

Second Reading of Bills

House Bill No. 4747, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 658 (MCL 257.658), as amended by 2002 PA 494.

The bill was read a second time.

Rep. LeBlanc moved to substitute (H-2) the bill.

The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Green moved to amend the bill as follows:

1. Amend page 2, line 3, after “HEAD.” by inserting “A PERSON 21 YEARS OF AGE OR OLDER OPERATING OR RIDING ON A MOTORCYCLE IS NOT REQUIRED TO WEAR A CRASH HELMET ON HIS OR HER HEAD IF THE PERSON HAS IN EFFECT SECURITY IN THE AMOUNT OF $20,000.00 FOR THE PAYMENT OF FIRST-PARTY MEDICAL BENEFITS PAYABLE IN THE EVENT THAT HE OR SHE IS INVOLVED IN A MOTORCYCLE ACCIDENT, AS PROVIDED IN SECTION 3103 OF THE INSURANCE CODE OF 1956, 1956 PA 218, MCL 500.3103.”.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Angerer moved to amend the bill as follows:

1. Amend page 2, following line 13, by inserting:

“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4138 of the 95th Legislature is enacted into law.”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. LeBlanc moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Dean moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4747, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 658 (MCL 257.658), as amended by 2002 PA 494.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 121 Yeas—63

Agema Donigan Jones, Rick Moore

Amash Elsenheimer Kandrevas Nathan

Bennett Espinoza Kowall Nerat

Bolger Geiss Kurtz Neumann

Brown, T. Genetski Lahti Opsommer

Byrum Gonzales LeBlanc Pavlov

Calley Green Leland Rocca

Caul Haase Liss Schmidt, R.

Constan Haines Lund Scott, P.

Corriveau Hammel Mayes Sheltrown

Crawford Haugh McDowell Spade

Cushingberry Hildenbrand McMillin Stamas

Daley Horn Meekhof Switalski

Dean Huckleberry Melton Tyler

Denby Jackson Meltzer Walsh

Dillon Johnson Miller

Nays—46

Angerer Ebli Marleau Scripps

Ball Gregory Meadows Segal

Barnett Griffin Moss Slavens

Bauer Hansen Pearce Slezak

Bledsoe Haveman Polidori Smith

Booher Jones, Robert Proos Stanley

Brown, L. Kennedy Roberts Tlaib

Byrnes Knollenberg Rogers Valentine

Clemente Lemmons Schmidt, W. Warren

Coulouris Lindberg Schuitmaker Womack

DeShazor Lipton Scott, B. Young

Durhal Lori

In The Chair: Byrnes

The House agreed to the title of the bill.

Rep. Dean moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Second Reading of Bills

Senate Bill No. 619, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 21 (MCL 205.111), as amended by 1994 PA 34.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tourism, Outdoor Recreation and Natural Resources,

The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

Rep. Dean moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Dean moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 619, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 21 (MCL 205.111), as amended by 1994 PA 34.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 122 Yeas—97

Angerer Ebli Leland Roberts

Ball Elsenheimer Lemmons Rocca

Barnett Espinoza Lindberg Rogers

Bauer Geiss Lipton Schmidt, R.

Bledsoe Genetski Liss Schmidt, W.

Bolger Gonzales Lori Schuitmaker

Booher Griffin Lund Scott, B.

Brown, L. Haines Marleau Scott, P.

Brown, T. Hansen Mayes Scripps

Byrnes Haugh McDowell Segal

Byrum Haveman Meadows Sheltrown

Calley Hildenbrand Meekhof Slavens

Caul Horn Melton Slezak

Clemente Huckleberry Miller Smith

Constan Jackson Moore Spade

Corriveau Johnson Moss Stamas

Coulouris Jones, Rick Nathan Switalski

Cushingberry Jones, Robert Nerat Tlaib

Daley Kandrevas Neumann Tyler

Dean Kennedy Opsommer Valentine

Denby Knollenberg Pavlov Walsh

DeShazor Kowall Pearce Warren

Dillon Kurtz Polidori Womack

Donigan Lahti Proos Young

Durhal

Nays—12

Agema Crawford Haase McMillin

Amash Green Hammel Meltzer

Bennett Gregory LeBlanc Stanley

In The Chair: Byrnes

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to provide for the levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,”

The House agreed to the full title.

Rep. Dean moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 5018, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding chapter 3A.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

Rep. Dean moved that Rule 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 123 Yeas—100

Angerer Elsenheimer LeBlanc Roberts

Ball Espinoza Leland Rocca

Barnett Geiss Lemmons Rogers

Bauer Gonzales Lindberg Schmidt, R.

Bennett Gregory Lipton Schmidt, W.

Bledsoe Griffin Liss Schuitmaker

Bolger Haase Lori Scott, B.

Booher Haines Lund Scott, P.

Brown, L. Hammel Marleau Scripps

Brown, T. Hansen Mayes Segal

Byrnes Haugh McDowell Sheltrown

Byrum Haveman Meadows Slavens

Caul Hildenbrand Meekhof Slezak

Clemente Horn Melton Smith

Constan Huckleberry Miller Spade

Corriveau Jackson Moore Stamas

Coulouris Johnson Moss Stanley

Cushingberry Jones, Rick Nathan Switalski

Daley Jones, Robert Nerat Tlaib

Dean Kandrevas Neumann Tyler

DeShazor Kennedy Opsommer Valentine

Dillon Knollenberg Pavlov Walsh

Donigan Kowall Pearce Warren

Durhal Kurtz Polidori Womack

Ebli Lahti Proos Young

Nays—9

Agema Crawford Genetski McMillin

Amash Denby Green Meltzer

Calley

In The Chair: Byrnes

The House agreed to the full title.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

Second Reading of Bills

House Bill No. 5875, entitled

A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 2011; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to require reports, audits, and plans; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by certain state agencies.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,

The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

Rep. Espinoza moved to substitute (H-3) the bill.

The motion prevailed and the substitute (H-3) was adopted, a majority of the members serving voting therefor.

Rep. Lori moved to amend the bill as follows:

1. Amend page 10, following line 12, by inserting:

“Sec. 113. PAYROLL SAVINGS

Renegotiate state employee pay increase..................................................................................... $ (857,200)

GROSS APPROPRIATION.......................................................................................................... $ (857,200)

Appropriated from:

State general fund/general purpose.............................................................................................. $ (857,200)”

and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 20, following line 21, by inserting:

“Sec. 311. The negative appropriation in part 1 for payroll savings represents the savings to be realized by the rejection of the scheduled salary increase for classified state civil service employees for fiscal year 2011 pursuant to section 5, article XI of the state constitution of 1963. Savings from renegotiation of state employee-related salary and wages shall be transferred to other appropriation line items in part 1 by approval of transfers in accordance with section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.”.

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

Rep. Lori moved to amend the bill as follows:

1. Amend page 23, following line 12, by inserting:

“Sec. 608. (1) It is the intent of the legislature that:

(a) Forest management and timber market development programs currently under the authority of the Michigan department of natural resources and environment be transferred to the Michigan department of agriculture.

(b) The department of agriculture work with local conservation districts to prepare timber harvests on state forests, and direct them to increase the amounts of timber harvested.

(2) The department of agriculture shall, subject to the forest certification process, prescribe treatment on 120,000 acres, prepare appropriate treatment for not less than 116,000 acres at the current average rate of 12.5 to 15 cords per acre, and offer those cords for sale in 2011, provided that the department take into consideration the impact of timber harvesting on wildlife habitat and recreation uses. In addition, the department shall take into consideration silvicultural analysis and report annually to the legislature on plans and efforts to address factors limiting management of timber. The department shall provide quarterly reports on the number of acres treated, pursuant to this section, to the senate and house appropriations subcommittees on agriculture and the standing committees of the senate and house of representatives with primary responsibility for agriculture and natural resources issues. The department shall complete and deliver these reports no later than 45 days after the end of the fiscal quarter.”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Lori moved to amend the bill as follows:

1. Amend page 18, following line 23, by inserting:

“Sec. 238. (1) On a quarterly basis, the department shall report on the number of FTEs in pay status by civil service classification to the house and senate appropriations subcommittees on agriculture and the house and senate fiscal agencies.

(2) From the funds appropriated in part 1, the department shall develop, post, and maintain on a user-friendly and publicly accessible Internet site, all expenditures made by the agency within a fiscal year. The posting must include the purpose for which each expenditure is made. Funds appropriated in part 1 from the federal American recovery and reinvestment act shall also be included on a publicly accessible website maintained by the Michigan economic recovery office. The department shall not provide financial information on its website under this section if doing so would violate a federal or state law, rule, regulation, or guideline that establishes privacy or security standards applicable to that section.”.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Cushingberry moved to amend the bill as follows:

1. Amend page 18, following line 23, by inserting:

“Sec. 239. The department shall not expend more than $10,000.00 from the appropriations in part 1 to implement the requirements of section 238(2).”.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Espinoza moved to amend the bill as follows:

1. Amend page 10, following line 12, by inserting:

“Sec. 113. BUDGETARY SAVINGS

Budgetary savings........................................................................................................................ $ (347,100)

GROSS APPROPRIATION.......................................................................................................... $ (347,100)

Appropriated from:

State general fund/general purpose.............................................................................................. $ (347,100)”

and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 18, following line 23, by inserting:

“Sec. 238. (1) The negative appropriation for budgetary savings in part 1 shall be satisfied through savings and reductions identified by the department director and approved by the state budget director.

(2) Adjustments to appropriation authorizations necessary to implement the requirements of subsection (1) shall be made only after the approval of transfers by the legislature pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(3) The state budget director is authorized to reduce federal, local, private, and state restricted appropriation amounts in part 1 to reflect savings from those fund sources associated with reductions made to state general fund/general purpose appropriations under subsection (2).”.

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

Rep. Espinoza moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Angerer moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5875, entitled

A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 2011; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to require reports, audits, and plans; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by certain state agencies.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 124 Yeas—61

Angerer Donigan Lahti Polidori

Barnett Durhal LeBlanc Roberts

Bauer Ebli Leland Schmidt, R.

Bennett Espinoza Lemmons Scott, B.

Bledsoe Geiss Lindberg Segal

Brown, L. Gonzales Lipton Sheltrown

Brown, T. Griffin Liss Slavens

Byrnes Haase Mayes Slezak

Byrum Hammel McDowell Spade

Clemente Haugh Meadows Stanley

Constan Huckleberry Melton Switalski

Corriveau Johnson Miller Tlaib

Coulouris Jones, Robert Nathan Valentine

Cushingberry Kandrevas Nerat Womack

Dean Kennedy Neumann Young

Dillon

Nays—48

Agema Genetski Kurtz Proos

Amash Green Lori Rocca

Ball Gregory Lund Rogers

Bolger Haines Marleau Schmidt, W.

Booher Hansen McMillin Schuitmaker

Calley Haveman Meekhof Scott, P.

Caul Hildenbrand Meltzer Scripps

Crawford Horn Moore Smith

Daley Jackson Moss Stamas

Denby Jones, Rick Opsommer Tyler

DeShazor Knollenberg Pavlov Walsh

Elsenheimer Kowall Pearce Warren

In The Chair: Byrnes

The House agreed to the title of the bill.

Rep. Angerer moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Second Reading of Bills

House Bill No. 5883, entitled

A bill to make appropriations for the judicial branch for the fiscal year ending September 30, 2011; to provide for the expenditure of these appropriations; to place certain restrictions on the expenditure of these appropriations; to prescribe the powers and duties of certain state and local departments, officials, and employees; to require certain reports; and to provide for the disposition of fees and other income received by the judicial branch.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Hammel moved to amend the bill as follows:

1. Amend page 7, following line 8, by inserting:

“Sec. 111. BUDGETARY SAVINGS

Budgetary savings........................................................................................................................ $ (1,158,000)

GROSS APPROPRIATION.......................................................................................................... $ (1,158,000)

Appropriated from:

State general fund/general purpose.............................................................................................. $ (1,158,000)”

and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 12, following line 21, by inserting:

“Sec. 224. (1) The negative appropriation for budgetary savings in part 1 shall be satisfied through savings from disapproval of the 3% salary and wage increase for nonexclusively represented employees.

(2) Adjustments to appropriation authorizations necessary to implement the requirements of subsection (1) shall be made only after the approval of transfers by the legislature pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(3) The state budget director is authorized to reduce federal, local, private, and state restricted appropriation amounts in part 1 to reflect savings from those fund sources associated with reductions made to state general fund/general purpose appropriations under subsection (2).”.

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

Rep. Schuitmaker moved to substitute (H-2) the bill.

The motion did not prevail and the substitute (H-2) was not adopted, a majority of the members serving not voting therefor.

Rep. Tlaib moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Angerer moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5883, entitled

A bill to make appropriations for the judicial branch for the fiscal year ending September 30, 2011; to provide for the expenditure of these appropriations; to place certain restrictions on the expenditure of these appropriations; to prescribe the powers and duties of certain state and local departments, officials, and employees; to require certain reports; and to provide for the disposition of fees and other income received by the judicial branch.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 125 Yeas—61

Angerer Durhal LeBlanc Roberts

Barnett Ebli Leland Schmidt, R.

Bauer Espinoza Lemmons Scott, B.

Bennett Geiss Lindberg Scripps

Bledsoe Gonzales Lipton Segal

Brown, L. Griffin Liss Sheltrown

Brown, T. Haase Mayes Slavens

Byrnes Hammel McDowell Slezak

Byrum Haugh Meadows Spade

Clemente Huckleberry Melton Stanley

Constan Johnson Miller Switalski

Coulouris Jones, Robert Nathan Tlaib

Cushingberry Kandrevas Nerat Valentine

Dean Kennedy Neumann Womack

Dillon Lahti Polidori Young

Donigan

Nays—48

Agema Elsenheimer Kowall Pearce

Amash Genetski Kurtz Proos

Ball Green Lori Rocca

Bolger Gregory Lund Rogers

Booher Haines Marleau Schmidt, W.

Calley Hansen McMillin Schuitmaker

Caul Haveman Meekhof Scott, P.

Corriveau Hildenbrand Meltzer Smith

Crawford Horn Moore Stamas

Daley Jackson Moss Tyler

Denby Jones, Rick Opsommer Walsh

DeShazor Knollenberg Pavlov Warren

In The Chair: Byrnes

The House agreed to the title of the bill.

Rep. Angerer moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Second Reading of Bills

House Bill No. 5884, entitled

A bill to make appropriations for the department of energy, labor and economic growth and certain other state purposes for the fiscal year ending September 30, 2011; to provide for the expenditure of those appropriations; to provide for the imposition of certain fees; to provide for the disposition of fees and other income received by the state agencies; to provide for reports to certain persons; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Angerer moved to reconsider the vote by which the House adopted the substitute previously recommended by the Committee on Appropriations.

The motion prevailed, a majority of the members serving voting therefor.

The question being on the adoption of the substitute (H-1) previously recommended by the Committee on Appropriations,

The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

Rep. Hammel moved to substitute (H-2) the bill.

The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Hammel moved to amend the bill as follows:

1. Amend page 17, following line 11, by inserting:

“Sec. 117. BUDGETARY SAVINGS

Budgetary savings........................................................................................................................ $ (71,500)

GROSS APPROPRIATION.......................................................................................................... $ (71,500)

Appropriated from:

State general fund/general purpose.............................................................................................. $ (71,500)”

and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 26, following line 4, by inserting:

“Sec. 230. (1) The negative appropriation for budgetary savings in part 1 shall be satisfied through savings and reductions identified by the department director and approved by the state budget director.

(2) Adjustments to appropriation authorizations necessary to implement the requirements of subsection (1) shall be made only after the approval of transfers by the legislature pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(3) The state budget director is authorized to reduce federal, local, private, and state restricted appropriation amounts in part 1 to reflect savings from those fund sources associated with reductions made to state general fund/general purpose appropriations under subsection (2).”.

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

Reps. Rogers and Hammel moved to amend the bill as follows:

1. Amend page 26, following line 4, by inserting:

“Sec. 228. (1) On a quarterly basis, the department shall report on the number of FTEs in pay status by civil service classification to the senate and house appropriations subcommittees on economic development and the senate and house fiscal agencies.

(2) From the funds appropriated in part 1, the department shall develop, post, and maintain on a user-friendly and publicly accessible Internet website, all expenditures made by the department within a fiscal year. The posting must include the purpose for which each expenditure is made. Funds appropriated in part 1 from the federal American recovery and reinvestment act shall also be included on a publicly accessible website maintained by the Michigan economic recovery office. The department shall not provide financial information on its website under this section if doing so would violate a federal or state law, rule, regulation, or guideline that establishes private or security standards applicable to that section.”.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Hammel moved to amend the bill as follows:

1. Amend page 26, following line 4, by inserting:

“Sec. 290. The department shall not expend more than $10,000.00 from the appropriations in part 1 to implement the requirements of section 228.”.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Hammel moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Angerer moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5884, entitled

A bill to make appropriations for the department of energy, labor and economic growth and certain other state purposes for the fiscal year ending September 30, 2011; to provide for the expenditure of those appropriations; to provide for the imposition of certain fees; to provide for the disposition of fees and other income received by the state agencies; to provide for reports to certain persons; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 126 Yeas—55

Angerer Donigan Lahti Neumann

Bauer Durhal LeBlanc Polidori

Bennett Ebli Leland Schmidt, R.

Bledsoe Espinoza Lemmons Scott, B.

Brown, T. Geiss Lindberg Scripps

Byrnes Gonzales Lipton Sheltrown

Byrum Griffin Liss Slezak

Clemente Hammel Mayes Spade

Constan Haugh McDowell Stanley

Corriveau Huckleberry Meadows Switalski

Coulouris Johnson Melton Tlaib

Cushingberry Jones, Robert Miller Womack

Dean Kandrevas Nathan Young

Dillon Kennedy Nerat

Nays—54

Agema Genetski Lori Rocca

Amash Green Lund Rogers

Ball Gregory Marleau Schmidt, W.

Barnett Haase McMillin Schuitmaker

Bolger Haines Meekhof Scott, P.

Booher Hansen Meltzer Segal

Brown, L. Haveman Moore Slavens

Calley Hildenbrand Moss Smith

Caul Horn Opsommer Stamas

Crawford Jackson Pavlov Tyler

Daley Jones, Rick Pearce Valentine

Denby Knollenberg Proos Walsh

DeShazor Kowall Roberts Warren

Elsenheimer Kurtz

In The Chair: Byrnes

The question being on agreeing to the title of the bill,

Rep. Angerer moved to amend the title to read as follows:

A bill to make appropriations for the department of energy, labor, and economic growth and certain other state purposes for the fiscal year ending September 30, 2011; to provide for the expenditure of those appropriations; to provide for the imposition of certain fees; to provide for the disposition of fees and other income received by the state agencies; to provide for reports to certain persons; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.

The motion prevailed.

The House agreed to the title as amended.

Rep. Angerer moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Second Reading of Bills

House Bill No. 5888, entitled

A bill to make appropriations for the department of state police and certain other state purposes for the fiscal year ending September 30, 2011; to provide for the expenditure of those appropriations; to provide for certain reports and the consideration of those reports; to provide for the disposition of other income received by the various state agencies; to provide for certain emergency powers; to provide for the powers and duties of certain committees, certain state agencies, and certain employees; and to provide for the acquisition and disposition of certain real and personal property.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,

The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

Rep. LeBlanc moved to substitute (H-3) the bill.

The motion prevailed and the substitute (H-3) was adopted, a majority of the members serving voting therefor.

Rep. Byrum moved to amend the bill as follows:

1. Amend page 8, following line 16, by inserting:

“Officer’s survivor tuition program......................................................................................... $ 48,500”.

2. Amend page 9, line 1, by striking out “970,000” and inserting “1,018,500” and adjusting the subtotals, totals, and section 201 accordingly.

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

Rep. LeBlanc moved to amend the bill as follows:

1. Amend page 28, following line 20, by inserting:

“Sec. 256. The department shall not expend more than $10,000.00 from the appropriations in part 1 to implement the requirements of section (2).”.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. LeBlanc moved to amend the bill as follows:

1. Amend page 14, following line 6, by inserting:

“Sec. 115. BUDGETARY SAVINGS

Budgetary savings........................................................................................................................ $ (4,418,600)

GROSS APPROPRIATION.......................................................................................................... $ (4,418,600)

Appropriated from:

State general fund/general purpose.............................................................................................. $ (4,418,600)”

and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 28, following line 20, by inserting:

“Sec. 255. (1) The negative appropriation for budgetary savings in part 1 shall be satisfied through savings and reductions identified by the department director and approved by the state budget director.

(2) Adjustments to appropriation authorizations necessary to implement the requirements of subsection (1) shall be made only after the approval of transfers by the legislature pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(3) The state budget director is authorized to reduce federal, local, private, and state restricted appropriation amounts in part 1 to reflect savings from those fund sources associated with reductions made to state general fund/general purpose appropriations under subsection (2).”.

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

Rep. Moss moved to amend the bill as follows:

1. Amend page 14, following line 6, by inserting:

“Sec. 115. STATE EMPLOYEE-RELATED SALARY SAVINGS

State employee-related salary savings.......................................................................................... $ (4,222,500)

GROSS APPROPRIATION.......................................................................................................... $ (4,222,500)

Appropriated from:

State general fund/general purpose.............................................................................................. $ (4,222,500)”

and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 28, following line 20, by inserting:

“Sec. 255. The negative appropriations for state employee-related salary savings in this act shall be satisfied by the approval of transfer by the legislature under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393, in order to recognize savings to be realized by the rejection of the scheduled salary increase for classified state civil service employees for fiscal year 2011 pursuant to section 5, article XI of the state constitution of 1963.”.

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

Rep. Moss moved to amend the bill as follows:

1. Amend page 28, following line 20, by inserting:

“Sec. 255. (1) On a quarterly basis, the department shall report on the number of FTEs in pay status by civil service classification to the house and senate appropriations subcommittees on the department of state police and the house and senate fiscal agencies.

(2) From the funds appropriated in part 1, the department shall develop, post, and maintain on a user-friendly and publicly accessible Internet site, all expenditures made by the agency within a fiscal year. The posting must include the purpose for which each expenditure is made. Funds appropriated in part 1 from the federal American recovery and reinvestment act shall also be included on a publicly accessible website maintained by the Michigan economic recovery office. The department shall not provide financial information on its website under this section if doing so would violate a federal or state law, rule, regulation, or guideline that establishes privacy or security standards applicable to that section.”.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Genetski moved to amend the bill as follows:

1. Amend page 21, following line 26, by inserting:

“Sec. 222. The department shall evaluate the feasibility of relocating any current post that requires the department expend any funds for parking costs for that post to a post that does not require any funds for parking costs in order to reduce the overall cost of the post.”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. LeBlanc moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Angerer moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5888, entitled

A bill to make appropriations for the department of state police and certain other state purposes for the fiscal year ending September 30, 2011; to provide for the expenditure of those appropriations; to provide for certain reports and the consideration of those reports; to provide for the disposition of other income received by the various state agencies; to provide for certain emergency powers; to provide for the powers and duties of certain committees, certain state agencies, and certain employees; and to provide for the acquisition and disposition of certain real and personal property.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 127 Yeas—61

Angerer Durhal Lahti Polidori

Barnett Ebli LeBlanc Roberts

Bauer Espinoza Leland Schmidt, R.

Bennett Geiss Lemmons Scott, B.

Bledsoe Gonzales Lindberg Scripps

Brown, L. Gregory Lipton Segal

Brown, T. Haase Liss Sheltrown

Byrnes Hammel Mayes Slavens

Byrum Haugh McDowell Slezak

Clemente Huckleberry Meadows Spade

Constan Johnson Melton Switalski

Coulouris Jones, Rick Miller Tlaib

Cushingberry Jones, Robert Nathan Valentine

Dean Kandrevas Nerat Womack

Dillon Kennedy Neumann Young

Donigan

Nays—48

Agema Elsenheimer Kurtz Proos

Amash Genetski Lori Rocca

Ball Green Lund Rogers

Bolger Griffin Marleau Schmidt, W.

Booher Haines McMillin Schuitmaker

Calley Hansen Meekhof Scott, P.

Caul Haveman Meltzer Smith

Corriveau Hildenbrand Moore Stamas

Crawford Horn Moss Stanley

Daley Jackson Opsommer Tyler

Denby Knollenberg Pavlov Walsh

DeShazor Kowall Pearce Warren

In The Chair: Byrnes

The House agreed to the title of the bill.

Rep. Angerer moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Second Reading of Bills

House Bill No. 5885, entitled

A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2011; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military and veterans affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to the appropriations.